Bill Text: TX SB629 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the maintenance, administration, and disposal of opioid antagonists on public and private school campuses and to the permissible uses of money appropriated to a state agency from the opioid abatement account.
Spectrum: Slight Partisan Bill (Democrat 15-6)
Status: (Passed) 2023-06-18 - Effective immediately [SB629 Detail]
Download: Texas-2023-SB629-Comm_Sub.html
Bill Title: Relating to the maintenance, administration, and disposal of opioid antagonists on public and private school campuses and to the permissible uses of money appropriated to a state agency from the opioid abatement account.
Spectrum: Slight Partisan Bill (Democrat 15-6)
Status: (Passed) 2023-06-18 - Effective immediately [SB629 Detail]
Download: Texas-2023-SB629-Comm_Sub.html
88R20867 CXP-F | ||
By: Menéndez, et al. | S.B. No. 629 | |
(Talarico, Oliverson, Leo-Wilson, Howard, Zwiener, et al.) | ||
Substitute the following for S.B. No. 629: No. |
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relating to the maintenance, administration, and disposal of opioid | ||
antagonists on public and private school campuses and to the | ||
permissible uses of money appropriated to a state agency from the | ||
opioid abatement account. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 38, Education Code, is amended by adding | ||
Subchapter E-1 to read as follows: | ||
SUBCHAPTER E-1. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF | ||
OPIOID ANTAGONISTS | ||
Sec. 38.221. DEFINITIONS. In this subchapter: | ||
(1) "Opioid antagonist" and "opioid-related drug | ||
overdose" have the meanings assigned by Section 483.101, Health and | ||
Safety Code. | ||
(2) "Physician" means a person who holds a license to | ||
practice medicine in this state. | ||
Sec. 38.222. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF | ||
OPIOID ANTAGONISTS. (a) Each school district shall adopt and | ||
implement a policy regarding the maintenance, administration, and | ||
disposal of opioid antagonists at each campus in the district that | ||
serves students in grades 6 through 12 and may adopt and implement | ||
such a policy at each campus in the district, including campuses | ||
serving students in a grade level below grade 6. | ||
(b) An open-enrollment charter school or private school may | ||
adopt and implement a policy regarding the maintenance, | ||
administration, and disposal of opioid antagonists. If a school | ||
adopts a policy under this subsection, the school may apply the | ||
policy: | ||
(1) only at campuses of the school serving students in | ||
grades 6 through 12; or | ||
(2) at each campus of the school, including campuses | ||
serving students in a grade level below grade 6. | ||
(c) A policy adopted under this section must: | ||
(1) provide that school personnel and school | ||
volunteers who are authorized and trained may administer an opioid | ||
antagonist to a person who is reasonably believed to be | ||
experiencing an opioid-related drug overdose; | ||
(2) require that each school campus subject to a | ||
policy adopted under this section have one or more school personnel | ||
members or school volunteers authorized and trained to administer | ||
an opioid antagonist present during regular school hours; | ||
(3) establish the number of opioid antagonists that | ||
must be available at each campus at any given time; and | ||
(4) require that the supply of opioid antagonists at | ||
each school campus subject to a policy adopted under this section | ||
must be stored in a secure location and be easily accessible to | ||
school personnel and school volunteers authorized and trained to | ||
administer an opioid antagonist. | ||
(d) The executive commissioner of the Health and Human | ||
Services Commission, in consultation with the commissioner of | ||
education, shall adopt rules regarding the maintenance, | ||
administration, and disposal of opioid antagonists at a school | ||
campus subject to a policy adopted under this section. The rules | ||
must establish: | ||
(1) the process for checking the inventory of opioid | ||
antagonists at regular intervals for expiration and replacement; | ||
and | ||
(2) the amount of training required for school | ||
personnel and school volunteers to administer an opioid antagonist. | ||
Sec. 38.223. REPORT ON ADMINISTERING OPIOID ANTAGONIST. | ||
(a) Not later than the 10th business day after the date a school | ||
personnel member or school volunteer administers an opioid | ||
antagonist in accordance with a policy adopted under Section | ||
38.222(a) or (b), the school shall report the information required | ||
under Subsection (b) of this section to: | ||
(1) the school district, the charter holder if the | ||
school is an open-enrollment charter school, or the governing body | ||
of the school if the school is a private school; | ||
(2) the physician or other person who prescribed the | ||
opioid antagonist; and | ||
(3) the commissioner of state health services. | ||
(b) The report required under this section must include the | ||
following information: | ||
(1) the age of the person who received the | ||
administration of the opioid antagonist; | ||
(2) whether the person who received the administration | ||
of the opioid antagonist was a student, a school personnel member or | ||
school volunteer, or a visitor; | ||
(3) the physical location where the opioid antagonist | ||
was administered; | ||
(4) the number of doses of opioid antagonist | ||
administered; | ||
(5) the title of the person who administered the | ||
opioid antagonist; and | ||
(6) any other information required by the commissioner | ||
of education. | ||
Sec. 38.224. TRAINING. (a) Each school district, | ||
open-enrollment charter school, and private school that adopts a | ||
policy under Section 38.222(a) or (b) is responsible for training | ||
school personnel and school volunteers in the administration of an | ||
opioid antagonist. | ||
(b) Training required under this section must: | ||
(1) include information on: | ||
(A) recognizing the signs and symptoms of an | ||
opioid-related drug overdose; | ||
(B) administering an opioid antagonist; | ||
(C) implementing emergency procedures, if | ||
necessary, after administering an opioid antagonist; and | ||
(D) properly disposing of used or expired opioid | ||
antagonists; | ||
(2) be provided in a formal training session or | ||
through online education; and | ||
(3) be provided in accordance with the policy adopted | ||
under Section 21.4515. | ||
(c) Each school district, open-enrollment charter school, | ||
or private school that adopts a policy under Section 38.222(a) or | ||
(b) must maintain records on the training required under this | ||
section. | ||
Sec. 38.225. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A | ||
physician or person who has been delegated prescriptive authority | ||
under Chapter 157, Occupations Code, may prescribe opioid | ||
antagonists in the name of a school district, open-enrollment | ||
charter school, or private school. | ||
(b) A physician or other person who prescribes opioid | ||
antagonists under Subsection (a) shall provide the school district, | ||
open-enrollment charter school, or private school with a standing | ||
order for the administration of an opioid antagonist to a person | ||
reasonably believed to be experiencing an opioid-related drug | ||
overdose. | ||
(c) The standing order under Subsection (b) is not required | ||
to be patient-specific, and the opioid antagonist may be | ||
administered to a person without a previously established | ||
physician-patient relationship. | ||
(d) Notwithstanding any other provisions of law, | ||
supervision or delegation by a physician is considered adequate if | ||
the physician: | ||
(1) periodically reviews the order; and | ||
(2) is available through direct telecommunication as | ||
needed for consultation, assistance, and direction. | ||
(e) An order issued under this section must contain: | ||
(1) the name and signature of the prescribing | ||
physician or other person; | ||
(2) the name of the school district, open-enrollment | ||
charter school, or private school to which the order is issued; | ||
(3) the quantity of opioid antagonists to be obtained | ||
and maintained under the order; and | ||
(4) the date of issue. | ||
(f) A pharmacist may dispense an opioid antagonist to a | ||
school district, open-enrollment charter school, or private school | ||
without requiring the name or any other identifying information | ||
relating to the user. | ||
Sec. 38.226. GIFTS, GRANTS, AND DONATIONS. A school | ||
district, open-enrollment charter school, or private school may | ||
accept gifts, grants, donations, and federal and local funds to | ||
implement this subchapter. | ||
Sec. 38.227. IMMUNITY FROM LIABILITY. (a) A person who in | ||
good faith takes, or fails to take, any action under this subchapter | ||
is immune from civil or criminal liability or disciplinary action | ||
resulting from that action or failure to act, including: | ||
(1) issuing an order for opioid antagonists; | ||
(2) supervising or delegating the administration of an | ||
opioid antagonist; | ||
(3) possessing, maintaining, storing, or disposing of | ||
an opioid antagonist; | ||
(4) prescribing an opioid antagonist; | ||
(5) dispensing an opioid antagonist; | ||
(6) administering, or assisting in administering, an | ||
opioid antagonist; | ||
(7) providing, or assisting in providing, training, | ||
consultation, or advice in the development, adoption, or | ||
implementation of policies, guidelines, rules, or plans; or | ||
(8) undertaking any other act permitted or required | ||
under this subchapter. | ||
(b) The immunities and protections provided by this | ||
subchapter are in addition to other immunities or limitations of | ||
liability provided by law. | ||
(c) Notwithstanding any other law, this subchapter does not | ||
create a civil, criminal, or administrative cause of action or | ||
liability or create a standard of care, obligation, or duty that | ||
provides a basis for a cause of action for an act or omission under | ||
this subchapter. | ||
(d) A cause of action does not arise from an act or omission | ||
described by this section. | ||
(e) A school district, open-enrollment charter school, or | ||
private school and school personnel and school volunteers are | ||
immune from suit resulting from an act, or failure to act, under | ||
this subchapter, including an act or failure to act under related | ||
policies and procedures. | ||
(f) An act or failure to act by school personnel or a school | ||
volunteer under this subchapter, including an act or failure to act | ||
under related policies and procedures, is the exercise of judgment | ||
or discretion on the part of the school personnel or school | ||
volunteer and is not considered to be a ministerial act for purposes | ||
of liability of the school district, open-enrollment charter | ||
school, or private school. | ||
Sec. 38.228. RULES. Except as otherwise provided by this | ||
subchapter, the commissioner of education and the executive | ||
commissioner of the Health and Human Services Commission shall | ||
jointly adopt rules necessary to implement this subchapter. | ||
SECTION 2. Section 403.505(d), Government Code, is amended | ||
to read as follows: | ||
(d) A state agency may use money appropriated from the | ||
account only to: | ||
(1) prevent opioid use disorder through | ||
evidence-based education and prevention, such as school-based | ||
prevention, early intervention, or health care services or programs | ||
intended to reduce the risk of opioid use by school-age children; | ||
(2) support efforts to prevent or reduce deaths from | ||
opioid overdoses or other opioid-related harms, including through | ||
increasing the availability or distribution of naloxone or other | ||
opioid antagonists for use by: | ||
(A) health care providers; | ||
(B) [ |
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(C) [ |
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(D) [ |
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(E) [ |
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under Subchapter E-1, Chapter 38, Education Code, regarding the | ||
maintenance, administration, and disposal of opioid antagonists; | ||
(F) community-based service providers; | ||
(G) [ |
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(H) other members of the public; | ||
(3) create and provide training on the treatment of | ||
opioid addiction, including the treatment of opioid dependence with | ||
each medication approved for that purpose by the United States Food | ||
and Drug Administration, medical detoxification, relapse | ||
prevention, patient assessment, individual treatment planning, | ||
counseling, recovery supports, diversion control, and other best | ||
practices; | ||
(4) provide opioid use disorder treatment for youths | ||
and adults, with an emphasis on programs that provide a continuum of | ||
care that includes screening and assessment for opioid use disorder | ||
and co-occurring behavioral health disorders, early intervention, | ||
contingency management, cognitive behavioral therapy, case | ||
management, relapse management, counseling services, and | ||
medication-assisted treatments; | ||
(5) provide patients suffering from opioid dependence | ||
with access to all medications approved by the United States Food | ||
and Drug Administration for the treatment of opioid dependence and | ||
relapse prevention following opioid detoxification, including | ||
opioid agonists, partial agonists, and antagonists; | ||
(6) support efforts to reduce the abuse or misuse of | ||
addictive prescription medications, including tools used to give | ||
health care providers information needed to protect the public from | ||
the harm caused by improper use of those medications; | ||
(7) support treatment alternatives that provide both | ||
psychosocial support and medication-assisted treatments in areas | ||
with geographical or transportation-related challenges, including | ||
providing access to mobile health services and telemedicine, | ||
particularly in rural areas; | ||
(8) address: | ||
(A) the needs of persons involved with criminal | ||
justice; and | ||
(B) rural county unattended deaths; or | ||
(9) further any other purpose related to opioid | ||
abatement authorized by appropriation. | ||
SECTION 3. Not later than November 1, 2023: | ||
(1) the executive commissioner of the Health and Human | ||
Services Commission shall, in consultation with the commissioner of | ||
education, adopt rules required under Section 38.222, Education | ||
Code, as added by this Act; and | ||
(2) the commissioner of education and the executive | ||
commissioner of the Health and Human Services Commission shall | ||
jointly adopt rules necessary to implement Subchapter E-1, Chapter | ||
38, Education Code, as added by this Act. | ||
SECTION 4. Notwithstanding the effective date of this Act, | ||
a school district is not required to comply with Section 38.222, | ||
Education Code, as added by this Act, before January 1, 2024. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |